[Breaking] SC Agrees To Examine Constitutional Provision Of Article 361 For Granting "Blanket Immunity" To Governors

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Chief Justice D.Y. Chandrachud led the bench that issued a notice to the West Bengal Government regarding a petition from a contractual female employee who has accused Governor C.V. Ananda Bose of molestation.

[Breaking] SC Agrees to Examine Article 361 For Granting "Blanket immunity" to Governors — [Breaking] SC Agrees to Examine Article 361 For Granting “Blanket immunity” to Governors

NEW DELHI: Today ( On July 19): The Supreme Court of India agreed to review the scope of Article 361 of the Constitution, which provides governors with “blanket immunity” from criminal prosecution.

Chief Justice D.Y. Chandrachud led the bench that issued a notice to the West Bengal Government regarding a petition from a contractual female employee who has accused Governor C.V. Ananda Bose of molestation.

The employee has requested a judicial examination of the immunity granted to governors under Article 361.

The Supreme Court requested the assistance of Attorney General R. Venkataramani in addressing the matter. It also instructed the woman employee from West Bengal’s ‘Raj Bhavan’ to include the Centre in her petition.

Article 361, which grants immunity to the president and governors from judicial accountability for their official actions, is an exception to Article 14 (right to equality) of the Constitution. The petitioner has asked for the establishment of clear guidelines governing the immunity of governors from criminal prosecution.

Mr. Divan, senior counsel, has highlighted the reliefs sought in prayer clauses C and D of the petition filed under Article 32 of the Constitution. The petition questions the extent of protection provided to governors under Article 361, which grants immunity from criminal proceedings during their term in office. It also addresses issues related to the initiation of such proceedings.

Permission to include the Union as a party has been granted.

A notice has been issued, and the court requests the Attorney General for India to assist in the matter